Asset Forfeiture - North Carolina's Dark, Discreet Deal with the Feds

How one Huntersville resident is holding government accountable for the sources of its funding,

...and how we can help

It's a safe bet that asset forfeiture isn't something most North Carolinians are thinking about on a regular basis. Even within the context of legal proceedings, asset forfeiture rarely makes the headlines.

Maybe it's because the odds that any one of us will face asset forfeiture are slim. Or maybe it’s because it's easy to write off, assuming only criminals have their money and property taken. 

The reality is far more bleak, and the government continues to steal from citizens, even in our home state of North Carolina. Fortunately, one Liberty warrior has taken it upon himself to raise awareness about this important issue, and try to get his town, Huntersville, to reject the ill-gotten spoils of government theft. 

Asset forfeiture is, simply put, when the state takes your money or property as part of legal proceedings. Once a vestige of bygone legal frameworks, it was resurrected in the mid-1980s as part of the failed war on drugs, and has grown to the point that the government takes more stuff through asset forfeiture than the “criminal” robbers who aren’t backed by the state. It is legally justified (by the same entities who reap the benefits of forfeiture) as a means of depriving criminals of the spoils of their crimes. In reality, asset forfeiture is used (sometimes with no regard for due process) to take money and property, fund law enforcement, and leverage plea agreements, fourth amendment be damned. 

There are two main types of asset forfeiture - civil and criminal. While both are problematic in concept and practice, civil asset forfeiture is far more nefarious. Where criminal forfeiture generally requires a conviction, civil asset forfeiture only requires the state to assert an arbitrary link between the property and a crime. Further, civil cases do not fall under the Sixth Amendment right to an attorney. This is ripe for abuse, and it has been abused, to horrifying degrees. 

North Carolina has banned civil asset forfeiture in almost all cases except racketeering, making it a leader in this area of civil rights. Or at least it would seem...

As these things always tend to go, there is a loophole. If local law enforcement forms an official partnership with federal cops, the federal law reigns supreme, and civil asset forfeiture is very much back on the table. Without irony, this arrangement is called an "equitable sharing program."

Credit where its due, NC has one more protection, too. Proceeds from criminal asset forfeiture are only allowed, theoretically, to go to funding education, thus, again theoretically, eliminating the incentive for local law enforcement to seize property solely for their own benefit. Of course, there is no requirement that law enforcement report forfeited assets, meaning the education spending requirement is roughly as effective as a screen door on a submarine. NC has reaped nearly half a billion dollars in windfall from the equitable sharing program over the last 20 years.

Enter Eric Rowell. Eric has been a mainstay of local Huntersville politics for the last decade, with the seemingly simple request that elected officials be held accountable for the decisions they make. 

Assistant Treasurer

Official Duties of the Treasurer

The Treasurer shall receive, disburse, and account for the funds of the Party under the supervision and direction of the Chair. The Treasurer shall:

1. Maintain the state executive committee treasury at an insured commercial bank;
2. Maintain all records of contributions received and disbursements made required by law or by the Executive Committee;
3. Prepare and file any reports as may be required by law or by the Executive Committee;
4. Distribute a summary of the general finances of the Party as well as a summary of the funds received and disbursed by the Party for each calendar quarter to all Executive Committee members within thirty (30) days of the end of each calendar quarter;
5. Transmit all records pertaining to the office to successor within ten (10) days of vacating office.

Expectations

As Assistant Treasurer, you will be responsible for working with the Treasurer to ensure they are able to accomplish their goals for the party. This may require training from the state board of elections. You may be required to prepare or help prepare monthly Treasurer Reports. You may be required to update our CRM with donor information. While some of the tasks may take multiple hours to execute, it is not expected to be a full time position. Work will be concentrated around the monthly report to the Executive Committee and the required reporting periods mandated by state law.

Requirements

As Assistant Treasurer, you will need to have an understanding of accounting, be detail oriented, and be willing to assist the Treasurer in any of their required duties. We have a preference that you be committed to being a treasurer in the LPNC long term, whether as state treasurer or as a county/candidate treasurer, though it is not required. 

Assistant Secretary

Official Duties of the Secretary

The Secretary shall:

1. Keep and maintain all minutes of Executive Committee meetings and the State Convention;
2. Issue all meeting notices for the Executive Committee and annual State Convention;
3. Distribute Executive Committee meeting minutes to all members of the Executive Committee no later than fourteen (14) days after said meeting is held;
4. Transmit all records pertaining to the office to successor within ten (10) days of vacating office.

Expectations

As Assistant Secretary, you will be responsible for working with the Secretary to ensure they are able to accomplish their goals for the party. You may be required to prepare or help prepare monthly or yearly Secretary Reports. You may be required to update our CRM with membership information. You may also be asked to help acquire affiliate records. While some of the tasks may take multiple hours to execute, it is not expected to be a full time position. Work will be concentrated around the every other week Executive Committee agendas, minutes, and reports. You may also be required to reach out to affiliates and determine officers, bylaws, membership status of all affiliate officers. As assistant Secretary you may be required to temporarily assist the Secretary during convention, if the Secretary is otherwise occupied. 

Requirements

As Assistant Secretary, you will need to be willing to learn the LPNC Bylaws, be detail oriented, and be willing to assist the Secretary in any of their required duties. We have a preference that you be committed to being a secretary in the LPNC long term, whether as state treasurer or as a county secretary, though it is not required. 

COMMITTEE OPENINGS

The LPNC is looking for members to join the following committees. Joining a committee is a great way to get involved on a more limited basis while still meeting great people and doing meaningful work for the LPNC, especially if you are new or don't have lots of extra time. Committees generally meet virtually once a week or less, for about an hour, and usually do not require significant time commitment outside of the meetings:

• 2025 Convention Planning Committee: This committee will plan the LPNC State Convention for late Feb 2024 or March 2024. Meetings will likely be every other Thursday, opposite the EC Thursday meetings. 
• 2025 Bylaws  Committee: What is more quintessentially Libertarian and also engaged at the core of what we believe than updating our bylaws? This committee will be in existence until the 2025 convention and is tasked with making proposals to change the bylaws and rules.

If you would like to be on any of these committees, or if you have additional questions about time commitment or what is expected, please email [email protected] and indicate your interest.

Hello North Carolina, and thank you for the honor of electing me Chair of the state party. It is my privilege to introduce myself here. I am humbled by your support. This is a responsibility that I do not take lightly, and I promise I will be tireless in my dedication, diligent in my duties, and responsive always to the needs and concerns of everyone in the LPNC.

I am hoping you all will get to know me and my plans a little better today, but first I have to mention the prior EC and the wonderful job they did. Jonathan, Sarah, Steven, Mike, Kim, and Travis, you all taught me so much over the last couple of years. I will take what I learned working with you and apply it, and I ask only that you hold me accountable, as I have always tried to do. Thank you for the time and energy you gave to the LPNC.

I want to say a special and direct thank you to Joe Garcia, our previous Chair. Joe, you have been an example, a mentor, and a friend to me in so many ways. From arguing over bylaw technicalities to coming together to support Joshua, I am deeply appreciative of all you have done over the last few years, and before, and for all the lessons I learned watching and working with you. I aim to serve the LPNC as Chair in a way that makes you proud to have passed the Liberty torch to me.

To the rest of the LPNC, and everyone reading this, I want to let you know that we are ready to get to work! I have a number of things I want to accomplish relatively quickly, building on the work of the prior EC, to position the party for success now and into the future. Early priorities will involve modernizing the website, building out a social media strategy, providing the resources needed to grow affiliates, and working with affiliates to strengthen our pipeline of candidates and give them the tools they need to run successful campaigns. The 2023 Election season is right around the corner. If you are running or know someone who would like to run, please get in touch with us. We'll be happy to support our candidates in any way we can.

This is on top of the strong progress we have made in recent years from the hard work all of you have been doing, work I hope to see continue. Our EC will remain dedicated to supporting each of you when you need, and to getting out of your way when you need. We have seen so much growth and so many successes recently. Joe covered many of them in his address to the convention on Saturday, and yet it was only a handful of the many accomplishments that the state party and so many of the affiliates have realized. I am here to help that continue.

Convention was a huge success, and I want to personally and publicly thank and commend Zac Lentz and Dee Watson for all their hard work in pulling off a successful event. We had great speakers, smooth voting, a fantastic auction, and even a gubernatorial announcement.

Finally, to Sean, Mike, Dee, Christina, Mac, Nick, and Angela, I want to say how much I look forward to working with you as we bring this party to the next level. Building on the work of those who have come before us, let’s see some tangible results, and take things to a level we only dreamed of previously.

Thank you, all of you, again for your support. I promise to spend the next two years proving your faith in me was justified.

-Ryan Brown, LPNC Chair